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(영문) 대구지방법원 김천지원 2018.02.01 2017고정513

산업안전보건법위반

Text

Defendants shall be punished by a fine of 2.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the management and supervision over all matters concerning the safety and health of employees under his jurisdiction as the site director of the “E New Construction Project” implemented by Defendant B corporation in Kimcheon-si D.

1. Defendant A

(a) In the places where workers might fall down, as the end or opening part of the work launching and passage, the business owner shall install a reinforced structure with sufficient strength protection measures, such as safety railing, fence, vertical fall net, cover, etc.;

Nevertheless, on June 13, 2017, the Defendant did not install a safety rail, etc. on the part of the head of the end of the passage of the non-way work of the 1 and 2 rooftops outside the construction site.

(b) A business owner shall install a safe passage through which a person who works in his/her workplace can use and maintain it at all times;

Nevertheless, on June 13, 2017, the Defendant did not have a mobile passage to move between the outer non-meters (three-dimensionals from the ground) of the site building (three-dimensionals from the ground).

(c)

On June 14, 2017, the Defendant did not comply with the order of suspension of partial work issued by the head of the Gu-U.S. branch office of the Daegu Regional Labor Office in relation to the violation of paragraph 1-A, and did not release the above order.

2. The Defendant Company B did not exercise due diligence and supervision in relation to safety management for the prevention of industrial accidents by its employees, and the Defendant’s employee A committed a violation under paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Inspection marks of the safety and health supervision, reports on the results of supervision, orders for partial work suspension, and orders for correction;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Defendant A of the pertinent criminal facts: Article 67 Subparag. 1, Article 23(3) of the Industrial Safety and Health Act (a violation of the duty to take safety measures) and Articles 67 Subparag. 2 and 51(7) of the Industrial Safety and Health Act.